FIRST DIVISION

November 9, 2016

G.R. No. 205972

CATERPILLAR, INC., Petitioner

vs.
MANOLO P. SAMSON, Respondent

x-----------------------x

G.R. No. 164352

CATERPILLAR, INC., Petitioner,

vs.
MANOLO P. SAMSON, Respondent.

DECISION

BERSAMIN, J.:

The determination of probable cause to charge a person in court for a

criminal offense is exclusively lodged in the Executive Branch of the
Government, through the Department of Justice. Initially, the determination
is done by the investigating public prosecutor, and on review by the
Secretary of Justice or his duly authorized subordinate. The courts will
respect the determination, unless the same shall be shown to have been
made in grave abuse of discretion amounting to lack or excess of jurisdiction.

The Cases

Before us are the consolidated cases of G.R. No. 2059721 and G.R. No.
164352.2

G.R. No. 164352 involves the appeal by petition for review on certiorari of
Caterpillar, Inc. (Caterpillar) to reverse the decision promulgated on January
21, 20043 by the Court of Appeals (CA) in CA-G.R. SP No. 75526, and the
resolution promulgated on June 30, 2004 denying the motion for
reconsideration thereof.4
G.R. No. 205972 relates to the appeal brought by Caterpillar to assail the
decision and resolution promulgated in CA-G.R. SP No. 102316 respectively
on May 8, 20125 and February 12, 2013,6 whereby the CA affirmed the
resolutions of the Department of Justice (DOJ) finding that there was no
probable cause to indict Manolo P. Samson (Samson) for unfair competition.

Antecedents

Caterpillar is a foreign corporation engaged in the manufacture and

distribution of footwear, clothing and related items, among others. Its
products are known for six core trademarks, namely, "CATERPILLAR",
"CAT" "CATERPILLAR & DESIGN" "CAT AND DESIGN", "WALKING
MACHINES" and "TRACK-TYPE TRACTOR & DESIGN (Core Marks),7 all of
which are alleged as internationally known. On the other hand, Samson,
doing business under the names and styles of Itti Shoes Corporation, Kolm's
Manufacturing Corporation and Caterpillar Boutique and General
Merchandise, is the proprietor of various retail outlets in the Philippines
selling footwear, bags, clothing, and related items under the trademark
"CATERPILLAR", registered in 1997 under Trademark Registration No.
64705 issued by the Intellectual Property Office (IPO).8

G.R. No. 164352

On July 26, 2000, upon application of the National Bureau of Investigation

(NBI), the Regional Trial Court (RTC), Branch 56, in Makati City issued
Search Warrants Nos. 00-022 to 00-032, inclusive, all for unfair
competition,9 to search the establishments owned, controlled and operated
by Samson. The implementation of the search warrants on July 27, 2000 led
to the seizure of various products bearing Caterpillar's Core Marks.

Caterpillar filed against Samson several criminal complaints for unfair

competition in the Department of Justice (DOJ), docketed as LS. Nos. 2000-
13 54 to 2000-13 64, inclusive.

Additionally, on July 31, 2000, Caterpillar commenced a civil action against

Samson and his business entities, with the IPO as a nominal party10 -
for Unfair Competition, Damages and Cancellation of Trademark with
Application for Temporary Restraining Order (TRO) and/or Writ of
Preliminary Injunction - docketed as Civil Case No. Q-00-41446 of the RTC
in Quezon City. In said civil action, the RTC denied Caterpillar's application
for the issuance of the TRO on August 17, 2000.
The DOJ, through Senior State Prosecutor Jude R. Romano, issued a joint
resolution dated November 15, 200111recommending that Samson be
criminally charged with unfair competition under Section 168.3 (a),12 in
relation to Section 123.l(e),13 Section 131.114 and Section 170,15 all of
Republic Act No. 8293, or the Intellectual Property Code of the
Philippines (IP Code).

However, because Samson and his affiliate companies allegedly continued

to sell and distribute products clothed with the general appearance of its own
products, Caterpillar again applied for another set of search warrants against
Samson and his businesses. The RTC, Branch 172, in Valenzuela City
issued Search Warrants Nos. 12-V-00,16 13-V-00,17 20-V-0018 and 29-V-
0019 upon application of the NBI, by virtue of the implementation of which
several goods were seized and confiscated by the NBI agents.

As a consequence, Caterpillar filed 26 criminal complaints for unfair

competition on January 31, 2001, docketed as LS. Nos. 2001-42 to 2001-67,
against Samson and/or the occupants of his affiliate entities before the
DOJ.20 In due course, the DOJ, through State Prosecutor Zenaida M. Lim,
issued a joint resolution dated September 28, 200121recommending the filing
of criminal complaints for unfair competition under Section 168.3(a), in
relation to Section 123 .1, Section 131.1 and Section 170 of the IP Code.
Accordingly, six criminal complaints were filed in the RTC, Branch 256, in
Muntinlupa City, presided by Judge Alberto L. Lerma, docketed as Criminal
Cases Nos. 02-238 to 02-243.

On January 17 and 22, 2002, Samson filed a petitions for review with the
Office of the Secretary of Justice to appeal the joint resolutions in LS. Nos.
2000-1354 to 2000-136422 and LS. Nos. 2001-042 to 2001-067.23

On May 30, 2002, Samson filed a Motion to Suspend Arraignment in

Criminal Cases Nos. 02-238 to 243,24 citing the following as grounds:25

I.

THERE EXISTS PREJUDICIAL QUESTIONS PENDING LITIGATION

BEFORE THE REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 90,
IN CIVIL CASE NO. Q-00-41446 ENTITLED: "CATERPILLAR, INC., ET AL.
VS. ITTI SHOES CORPORATION, ET AL.," THE FINAL RESOLUTIONS OF
WHICH WILL DETERMINE THE OUTCOME OF THE INSTANT CRIMINAL
CASES.
 II.

ACCUSED HAS FILED PETITIONS FOR REVIEW WITH THE

DEPARTMENT OF JUSTICE ASSAILING THE RESOLUTIONS OF THE
CHIEF STATE PROSECUTOR WHO CAUSED THE FILING OF THE
INSTANT CASES AND ARE STILL PENDING THEREIN UP TO THE
PRESENT.

In the meanwhile, on July 10, 2002, the DOJ, through Secretary Hernando
B. Perez, issued a resolution26 denying Samson's petition for review in I.S.
Nos. 2000-1354 to 2000-1364. Samson's motion for reconsideration was
likewise denied on May 26, 2003.

On September 23, 2002, Presiding Judge Lerma of the RTC granted

Samson's Motion to Suspend Arraignment, and suspended the arraignment
and all other proceedings in Criminal Cases Nos. 02-240 to 02-243 until Civil
Case No. Q-00-41446 was finally resolved,27 holding:

After a careful scrutiny of the case, this Court finds that private complainant,
in Civil Case No. Q-00-41446, seeks for the cancellation of the trademark
"CATERPILLAR" which is registered in the name of the accused and to
prevent the latter from using the said trademark ("CATERPILLAR"), while the
issue in the instant case is the alleged unlawful use by the accused of the
trademark "CATERPILLAR" which is claimed to be owned by the private
complainant. From the foregoing, this Court believes that there exists a
prejudicial question since the determination of who is really the lawful or
registered user of the trademark "CATERPILLAR" will ultimately determine
whether or not the instant criminal action shall proceed. Clearly, the issues
raised in Civil Case No. Q-00-41446 is similar or intimately related to the
issue in the case at bar for if the civil case will be resolved sustaining the
trademark registration of the accused for the trademark CATERPILLAR, then
the latter would have all the authority to continue the use of the said
trademark as a consequence of a valid registration, and by reason of which
there may be no more basis to proceed with the instant criminal action.28

After the RTC denied its motion for reconsideration29 on December 5,

2002,30 Caterpillar elevated the matter to the CA by petition for certiorari on
February 14, 2003,31 docketed as C.A.-G.R. SP No. 75526
entitled Caterpillar, Inc. v. Hon. Alberto L. Lerma, in his capacity as Presiding
Judge of Branch 256 of the Regional Trial Court, Muntinlupa City, and
Manolo P. Samson, alleging grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of the RTC in suspending the arraignment
and other proceedings in Criminal Cases Nos. 02-238 to 02-243 on the
ground of the existence of an alleged prejudicial question in Civil Case No.
Q-00-41446 then pending in the RTC in Quezon City whose resolution would
determine the outcome of the criminal cases.

Meanwhile, on January 13, 2003, Acting Justice Secretary Ma. Merceditas

N. Gutierrez reversed and set aside the resolution issued by State
Prosecutor Lim in I.S. No. 2001-042 to 2001-067, and directed the Chief
State Prosecutor to cause the withdrawal of the criminal informations filed
against Samson in court,32 disposing as follows:

ACCORDINGLY, the assailed joint resolution is

hereby REVERSED and SET ASIDE. The Chief State Prosecutor is directed
to forthwith cause the withdrawal of the informations filed in court against
respondent Manolo P. Samson and to report action taken hereon within ten
(10) days from receipts hereof.33

Acting Justice Secretary Gutierrez based her resolution on the order dated
June 26, 2001, whereby the RTC of Valenzuela City, Branch 172, had
quashed the 26 search warrants upon motion of Samson.34 Consequently,
the goods seized and confiscated by virtue of the quashed search warrants
could no longer be admitted in evidence

Correspondingly, Presiding Judge Lerma of the RTC ordered the withdrawal

of Criminal Cases Nos. 02-240 to 02-243 on February 4, 2003.35

Aggrieved, Caterpillar assailed the order of Judge Lerma for the withdrawal
of Criminal Cases Nos. 02-240 to 02-2432003 by petition for certiorari in the
CA on October 16, 2003, docketed as CA-G.R. SP No. 79937,36 and the CA
ultimately granted the petition for certiorari,37 setting aside the assailed
January 13, 2003 resolution of the Acting Justice Secretary and directing the
re-filing of the withdrawn informations against Samson. The Court ultimately
affirmed the CA's dec ision through the resolution promulgated on October
17, 2005 in G.R. No. 169199, and ruling that probable cause existed for the
re-filing of the criminal charges for unfair competition under the IP Code.38

In the assailed January 21, 2004 decision,39 the CA dismissed Caterpillar's

petition for certiorari in CA-G.R. SP No. 75526, viz.:
Petition has no merit.

The mere fact that public respondent denied petitioner's motion for
reconsideration does not justify this petition on the ground of abuse of
discretion. Grave abuse of discretion means such capricious and whimsical
exercise of judgment as is equivalent to lack of jurisdiction, or, in other words
where the power is exercised in an arbitrary or despotic manner by reason
of passion or personal hostility and it must be so patent and gross as to
amount to an evasion of positive duty or to a virtual refusal to perform the
duty enjoined or to act at all in contemplation of law. (Benito vs. Comelec,
349 SCRA 705).

Petitioner in this case failed to overcome the burden of showing how public
respondent acted with grave abuse of discretion in granting private
respondent's motion and denying his own motion for reconsideration. What
is clear is that public respondent court acted judiciously. A petition
for certiorariunder Rule 65 of the Rules of Court will prosper only if there is
showing of grave abuse of discretion or an act without or in excess of
jurisdiction on the part of respondent tribunal (Garcia vs. HRET, 312 SCRA
353).

Granting arguendo that public respondent court erred in its ruling, still a
petition for certiorari under Rule 65 cannot be justified. Where the court has
jurisdiction over the subject matter, the orders or decision upon all questions
pertaining to the cause are orders or decisions within its jurisdiction and
however erroneous they may be, they cannot be corrected by certiorari (De
Baron vs. Court of Appeals, 368 SCRA 407).

WHEREFORE, foregoing premises considered, the Petition having no merit

in fact and in law is hereby DENIED DUE COURSE and ordered
DISMISSED. With costs to Petitioners.

SO ORDERED.40

Caterpillar sought the reconsideration of the dismissal, but the CA denied the
motion on June 30, 2004.41

Hence, Caterpillar appealed the CA's decision in C.A.-G.R. SP No. 75526

(G.R. No. 164352).

G .R. No. 205972

In the meanwhile, in August 2002, upon receiving the information that
Samson and his affiliate entities continuously sold and distributed products
bearing Caterpillar's Core Marks without Caterpillar's consent, the latter
requested the assistance of the Regional Intelligence and Investigation
Division of the National Region Public Police (RIID-NCRPO) for the conduct
of an investigation. Subsequently, after the investigation, the RIID-NCRPO
applied for and was granted 16 search warrants against various outlets
owned or operated by Samson in Mandaluyong, Quezon City, Manila,
Caloocan, Makati, Parañaque, Las Piñas, Pampanga and Cavite. The
warrants were served on August 27, 2002,42 and as the result products
bearing Caterpillar's Core Marks were seized and confiscated.
Consequently, on the basis of the search warrants issued by the various
courts, Caterpillar again instituted criminal complaints in the DOJ for violation
of Section 168.3(a), in relation to Sections 131.3, 123.l(e) and 170 of the IP
Code against Samson, docketed as LS. Nos. 2002-995 to 2002-997; 2002-
999 to 2002-1010; and 2002-1036.

After the conduct of the preliminary investigation, the DOJ, through State
Prosecutor Melvin J.Abad, issued a joint resolution dated August 21, 2003
dismissing the complaint upon finding that there was no probable cause to
charge Samson with unfair competition.43

Caterpillar moved for the reconsideration of the dismissal, but State

Prosecutor Abad denied the motion on June 18, 2004.44

The Secretary of Justice affirmed the dismissal of the complaint through the
resolution issued on September 19, 2005,45 and denied Caterpillar's motion
for reconsideration on December 20, 2007.

Accordingly, Caterpillar appealed to the CA through a petition for review

under Rule 43, Rules of Court (C.A.-G.R. SP No. 102316).46

On May 8, 2012,47 however, the CA denied due course to Caterpillar's petition

for review, viz.:

WHEREFORE, premises considered, the petition is DENIED DUE

COURSE, and accordingly, DISMISSED.

SO ORDERED.48
The CA opined that an appeal under Rule 43 to assail the resolution by the
Secretary of Justice determining the existence or non-existence of probable
cause was an improper remedy; and that while it could treat an appeal as a
special civil action for certiorari under Rule 65, it could not do so therein
because the allegations of the petition did not sufficiently show grave abuse
of discretion on the part of the Secretary of Justice in issuing the assailed
resolutions.

Caterpillar filed a motion for reconsideration, but the CA denied the motion
for its lack of merit on February 12, 2013.49

Hence, Caterpillar commenced G.R. No. 205972.

Issues

Caterpillar submits that the CA erred as follows:

G.R. No. 164352

A.

THE COURT OF APPEALS COMMITTED SERIOUS REVERSIBLE ERROR

IN DENYING DUE COURSE TO CATERPILLAR INC.'S PETITION FOR
CERTIORARI.

B.

THE COURT OF APPEALS COMMITTED SERIOUS REVERSIBLE ERROR

IN NOT HOLDING THAT THE ORDER SUSPENDING PROCEEDINGS IN
CRIMINAL CASES NOS. 02-238 TO 02-243, ON THE BASIS OF AN
ALLEGED PREJUDICIAL QUESTION, WAS CONTRARY TO LAW AND
ESTABLISHED JURISPRUDENCE.

C.

THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS

REVERSIBLE ERROR IN NOT HOLDING THAT A CRIMINAL COMPLAINT
FOR UNFAIR COMPETITION CAN PROCEED INDEPENDENTLY OF,
AND SIMULTANEOUS WITH, THE CIVIL CASE FOR THE SAME.50
Caterpillar posits that the suspension of proceedings in Criminal Cases Nos.
02-238 to 02-243 was contrary to Rule 111 of the Rules of Court, Article 33
of the Civil Code on independent civil actions, and Section 170 of the IP
Code, which specifically provides that the criminal penalties for unfair
competition were independent of the civil and administrative sanctions
imposed by law; that the determination of the lawful owner of the
"CATERPILLAR" trademark in Civil Case No. Q-00-41446 would not be
decisive of the guilt of Samson for unfair competition in Criminal Cases Nos.
02-238 to 02-243 because registration was not an element of the crime of
unfair competition; that the civil case sought to enforce Samson's civil liability
arising from the IP Code while the criminal cases would enforce Samson's
liability arising from the crime of unfair competition; and that the Court
already ruled in Samson v. Daway51 that Civil Case No. Q-00-41446 was an
independent civil action under Article 33 of the Civil Code and, as such, could
proceed independently of the criminal actions.

In his comment,52 Samson counters that the issues of the lawful and
registered owner of the trademark, the true owner of the goodwill, and
whether "CATERPILLAR" was an internationally well-known mark are
intimately related to the issue of guilt in the criminal actions, the resolution of
which should determine whether or not the criminal actions for unfair
competition could proceed.

G.R. No. 205972

In this appeal, the petitioner interposes that:

THE HONORABLE COURT OF APPEALS ERRED IN DISMISSING THE

PETITIONER'S PETITION FOR REVIEW SOLELY ON THE GROUND OF
AN ALLEGED WRONG REMEDY, DESPITE PETITIONERS HAVING
CLEARLY ESTABLISHED THAT THE SECRETARY OF JUSTICE ACTED
WITH GRAVE ABUSE OF DISCRETION IN ISSUING THE RESOLUTIONS
DATED 19 SEPTEMBER 2005 AND 20 DECEMBER 2007, AFFIRMING
THE FINDINGS OF THE INVESTIGATING PROSECUTOR THAT NO
PROBABLE CAUSE EXISTS TO CHARGE THE RESPONDENT OF THE
CRIME OF UNFAIR COMPETITION.53

Caterpillar seeks the liberal interpretation of procedural rules in order to

serve the higher interest of substantial justice following the denial by the CA
of its petition for being an incorrect remedy; and insists that it presented
substantial evidence to warrant a finding of probable cause for unfair
competition against Samson.

In sum, the issues to be resolved in these consolidated cases

are: firstly, whether or not the CA committed a reversible error in ruling that
the trial court a quo did not commit grave abuse of discretion in suspending
the criminal proceedings on account of a prejudicial question;
and, secondly, whether or not the CA committed reversible error in upholding
the decision of the Secretary of Justice finding that there was no probable
cause to charge Samson with unfair competition.

Rulings of the Court

G.R. No. 164352

The appeal in G.R. No. 164352 is meritorious.

We note, to begin with, that Civil Case No. Q-00-41446, the civil case filed
by Caterpillar in the RTC in Quezon City, was for unfair competition,
damages and cancellation of trademark, while Criminal Cases Nos. Q-02-
108043-44 were the criminal prosecution of Samson for unfair competition.
A common element of all such cases for unfair competition - civil and criminal
- was fraud. Under Article 33 of the Civil Code, a civil action entirely separate
and distinct from the criminal action may be brought by the injured party in
cases of fraud, and such civil action shall proceed independently of the
criminal prosecution. In view of its being an independent civil action, Civil
Case No. Q-00-41446 did not operate as a prejudicial question that justified
the suspension of the proceedings in Criminal Cases Nos. Q-02-108043-44.

In fact, this issue has already been raised in relation to the suspension of the
arraignment of Samson in Criminal Cases Nos. Q-02-108043-44 in Samson
v. Daway,54 and the Court resolved it against Samson and in favor of
Caterpillar thusly:

Anent the second issue, petitioner failed to substantiate his claim that there
was a prejudicial question. In his petition, he prayed for the reversal of the
March 26, 2003 order which sustained the denial of his motion to suspend
arraignment and other proceedings in Criminal Case Nos. Q-02-108043-44.
For unknown reasons, however, he made no discussion in support of said
prayer in his petition and reply to comment. Neither did he attach a copy of
the complaint in Civil Case No. Q-00-41446 nor quote the pertinent portion
thereof to prove the existence of a prejudicial question.

At any rate, there is no prejudicial question if the civil and the criminal action
can, according to law, proceed independently of each other. Under Rule 111,
Section 3 of the Revised Rules on Criminal Procedure, in the cases provided
in Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action
may be brought by the offended party. It shall proceed independently of the
criminal action and shall require only a preponderance of evidence.

In the case at bar, the common element in the acts constituting unfair
competition under Section 168 of R.A. No. 8293 is fraud. Pursuant to Article
33 of the Civil Code, in cases of defamation, fraud, and physical injuries, a
civil action for damages, entirely separate and distinct from the criminal
action, may be brought by the injured party. Hence, Civil Case No. Q-00-
41446, which as admitted by private respondent also relate to unfair
competition, is an independent civil action under Article 33 of the Civil
Code. As such, it will not operate as a prejudicial question that will
justify the suspension of the criminal cases at bar.55 (Bold emphasis
supplied)

Secondly, a civil action for damages and cancellation of trademark cannot

be considered a prejudicial question by which to suspend the proceedings in
the criminal cases for unfair competition. A prejudicial question is that which
arises in a civil case the resolution of which is a logical antecedent of the
issues to be determined in the criminal case. It must appear not only that the
civil case involves facts upon which the criminal action is based, but also that
the resolution of the issues raised in the civil action will necessarily be
determinative of the criminal case.56 As stated in Librodo v. Judge
Coscolluela, Jr.:57

A prejudicial question is one based on a fact distinct and separate from the
crime but so intimately connected with it that it determines the guilt or
innocence of the accused, and for it to suspend the criminal action, it must
appear not only that said case involves facts intimately related to those upon
which the criminal prosecution would be based but also that in the resolution
of the issue or issues raised in the civil case, the guilt or innocence of the
accused would necessarily be determined. It comes into play generally in
a situation where a civil action and a criminal action are both pending
and there exists in the former an issue which must be preemptively
resolved before the criminal action may proceed, because howsoever
the issue raised in the civil action is resolved would be
determinative juris et de jure of the guilt or innocence of the accused
in the criminal case.58 (Bold underscoring supplied for emphasis)

The elements of a prejudicial question are provided in Section 7 of Rule

111, Rules of Court, to wit: (a) a previously instituted civil action involves an
issue similar to or intimately related to the issue raised in the subsequent
criminal action, and (b) the resolution of such issue determines whether or
not the criminal action may proceed.59

An examination of the nature of the two kinds of cases involved is necessary

to determine whether a prejudicial question existed.

An action for the cancellation of trademark like Civil Case No. Q-00-41446 is
a remedy available to a person who believes that he is or will be damaged
by the registration of a mark.60 On the other hand, the criminal actions for
unfair competition (Criminal Cases Nos. Q-02-108043-44) involved the
determination of whether or not Samson had given his goods the general
appearance of the goods of Caterpillar, with the intent to deceive the public
or defraud Caterpillar as his competitor.61 In the suit for the cancellation of
trademark, the issue of lawful registration should necessarily be determined,
but registration was not a consideration necessary in unfair
competition.62 Indeed, unfair competition is committed if the effect of the act
is "to pass off to the public the goods of one man as the goods of another;"63 it
is independent of registration. As fittingly put in R.F. & Alexander & Co. v.
Ang,64 "one may be declared unfair competitor even if his competing trade-
mark is registered."

Clearly, the determination of the lawful ownership of the trademark in the civil
action was not determinative of whether or not the criminal actions for unfair
competition shall proceed against Samson.

G.R. No. 205972

The petition for review on certiorari in G.R. No. 205972 is denied for being
bereft of merit.
1âwphi1

Firstly, Caterpillar assailed the resolution of the Secretary of Justice by filing

a petition for review under Rule 43 of the Rules of Court. Such resort to the
petition for review under Rule 43 was erroneous,65 and the egregious error
warranted the denial of the appeal. The petition for review under Rule 43
applied to all appeals to the CA from quasi-judicial agencies or bodies,
particularly those listed in Section 1 of Rule 43. However, the Secretary of
Justice, in the review of the findings of probable cause by the investigating
public prosecutor, was not exercising a quasi-judicial function, but
performing an executive function.66

Moreover, the courts could intervene in the determination of probable cause

only through the special civil action for certiorari under Rule 65 of the Rules
of Court, not by appeal through the petition for review under Rule 43. Thus,
the CA could not reverse or undo the findings and conclusions on probable
cause by the Secretary of Justice except upon clear demonstration of grave
abuse of discretion amounting to lack or excess of jurisdiction committed by
the Secretary of Justice.67 Caterpillar did not so demonstrate.

And, secondly, even discounting the technicalities as to consider Caterpillar's

petition for review as one brought under Rule 65, the recourse must still fail.

Probable cause for the purpose of filing an information in court consists in

such facts and circumstances as would engender a well-founded belief that
a crime has been committed and the accused may probably be guilty
thereof.68The determination of probable cause lies solely within the sound
discretion of the investigating public prosecutor after the conduct of a
preliminary investigation. It is a sound judicial policy to refrain from interfering
with the determination of what constitutes sufficient and convincing evidence
to establish probable cause for the prosecution of the accused.69 Thus, it is
imperative that by the nature of his office, the public prosecutor cannot be
compelled to file a criminal information in court if he is not convinced of the
sufficiency of the evidence adduced for a finding of probable cause.70 Neither
can he be precluded from filing an information if he is convinced of the merits
of the case.

In not finding probable cause to indict Samson for unfair competition, State
Prosecutor Abad as the investigating public prosecutor discharged the
discretion given to him by the law. Specifically, he resolved as follows:

It appears from the records that respondent started marketing his (class 25)
products bearing the trademark Caterpillar as early as 1992. In 1994,
respondent caused the registration of the trademark "Caterpillar With A
Triangle Device Beneath The Letter [A]" with the Intellectual Property Office.
Sometime on June 16, 1997, the IPO issued Certificate of Registration No.
64705 which appears to be valid for twenty (20) years, or up to June 16,
2017. Upon the strength of this registration, respondent continued with his
business of marketing shoes, slippers, sandals, boots and similar Class 25
items bearing his registered trademark "Caterpillar". Under the law,
respondent's operative act of registering his Caterpillar trademark and the
concomitant approval/issuance by the governmental entity concerned,
conferred upon him the exclusive right to use said trademark unless
otherwise declared illegal. There being no evidence to controvert the fact
that respondent's Certificate of Registration No. 64705 covering Caterpillar
trademark was fraudulently or illegally obtained, it necessarily follows that its
subsequent use and/or being passed on to the public militates malice or
fraudulent intent on the part of respondent. Otherwise stated and from the
facts obtaining, presumption of regularity lies, both from the standpoint of
registration and use/passing on of the assailed Caterpillar products.

Complainant's argument that respondent may still be held liable for unfair
competition by reason of his having passed on five (5) other Caterpillar
products like "Cat", "Caterpillar", "Cat and Design", "Walking Machines" and
"Track-Type Tractor Design" is equally difficult to sustain. As may be gleaned
from the records, respondent has been engaged in the sale and distribution
of Caterpillar products since 1992 leading to the establishment of numerous
marketing outlets. As such, it would be difficult to assail the presumption that
respondent has already established goodwill insofar as his registered
Caterpillar products are concerned. On the other hand, complainant's
registration of the other Caterpillar products appears to have been caused
only in 1995. In this premise, respondent may be considered as prior user,
while the latter, a subsequent one. Jurisprudence dictates that prior user of
the trademark by one, will controvert the claim by a subsequent one.71

We reiterate that the full discretionary authority to determine the existence of

probable cause is lodged in the Executive Branch of the Government,
through the public prosecutor, in the first instance, and the Secretary of
Justice, on review. Such authority is exclusive, and the courts are prohibited
from encroaching on the executive function, unless there is a clear showing
of grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of the public prosecutor or the Secretary of Justice. As declared
in Callo-Claridad v. Esteban:72
A public prosecutor alone determines the sufficiency of evidence that
establishes the probable cause justifying the filing of a criminal information
against the respondent because the determination of existence of a probable
cause is the function of the public prosecutor. Generally, the public
prosecutor is afforded a wide latitude of discretion in the conduct of a
preliminary investigation. Consequently, it is a sound judicial policy to refrain
from interfering in the conduct of preliminary investigations, and to just leave
to the Department of Justice the ample latitude of discretion in the
determination of what constitutes sufficient evidence to establish probable
cause for the prosecution of supposed offenders. Consistent with this policy,
courts do not reverse the Secretary of Justice's findings and conclusions on
the matter of probable cause except in clear cases of grave abuse of
discretion. By way of exception, however, judicial review is permitted where
the respondent in the preliminary investigation clearly establishes that the
public prosecutor committed grave abuse of discretion, that is, when the
public prosecutor has exercised his discretion in an arbitrary, capricious,
whimsical or despotic manner by reason of passion or personal hostility,
patent and gross enough as to amount to an evasion of a positive duty or
virtual refusal to perform a duty enjoined by law. Moreover, the trial court
may ultimately resolve the existence or nonexistence of probable cause by
examining the records of the preliminary investigation when necessary for
the orderly administration of justice. Although policy considerations call for
the widest latitude of deference to the public prosecutor's findings, the courts
should never shirk from exercising their power, when the circumstances
warrant, to determine whether the public prosecutor's findings are supported
by the facts, and by the law.

Relevantly, grave abuse of discretion means such capricious or whimsical

exercise of judgment that is equivalent to lack of jurisdiction. The abuse of
discretion must be grave, as when the power is exercised in an arbitrary or
despotic manner by reason of passion or personal hostility, and it must be
so patent and gross as to amount to an evasion of a positive duty or to a
virtual refusal to perform the duty enjoined, or to act at all, in contemplation
of law, as to be equivalent to having acted without jurisdiction.73 Herein,
Caterpillar did not show the grave abuse of discretion on the part of the
Secretary of Justice.

WHEREFORE, the Court GRANTS the petition for review in G.R. No.
164352; SETS ASIDE the decision promulgated on January 21, 2004 in CA-
G.R. SP No. 75526; DIRECTS the Regional Trial Court in Muntinlupa City to
reinstate Criminal Cases Nos. Q-02-108043-44 and forthwith try and decide
them without undue delay; DENIES the petition for review on certiorari in
G.R. No. 205972; and ORDERS respondent Manolo P. Samson to pay the
costs of suit.

SO ORDERED.